Monthly Archives: August 2017

What Does it Mean to Probate a Will?

The word “probate” means an individual who proves or validates something. In the case of probating a will, a court of law will prove that a will is authentic and provides a true representation of a deceased individual’s intention. Even if a last will and testament represents a person’s interests, the state of Oklahoma requires it to meet several standards including proceeding through the probate process. The case will be initiated in the county where the deceased individual lived. The Reason Why Wills Must be Probated Wills must be probated to prevent fraudulent activity as well as to protect individuals who stand to gain assets through the will. Courts are concerned in some cases that a will might be a forgery, fraudulent, or written because someone unfairly exerted control over another. Additionally, in some cases courts might be uncertain whether a version of a will is the most recent form written by an individual. In some cases during the probate process, a court might decide that some provisions of the will are invalid. The Elements of the Probate Process During probate, courts appoint an administrator who makes decisions about issues that might arise regarding the administration of a person’s estate.     Read More

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What is the Process to Probate a Will?

There are some distinct advantages to creating a trust or will in the state of Oklahoma. These estate planning tools let individuals decide who receives the assets of a deceased individual. If a person does not have a will, courts in the state of Oklahoma will divide property in accordance with established law. During this process, courts will assess the value of the deceased person’s assets. The probate process can prove to be time consuming and complicated, which can make the assistance of a skilled estate planning attorney particularly valuable. This article will outline the major steps that comprise the probate process in Oklahoma. The Filing of a Petition This marks the first step in the probate process. If a person has written a will, this document will be filed in addition to the petition which requests that the will be recognized as a controlling legal document. Not only must the deceased individual’s will meet certain requirements to be considered a lawful document, but the will must have also been the most recent such document prepared by the individual. Notice to Your Heirs at Law Prior to a hearing about how a person’s estate should be divided, notice must be     Read More

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